filling in the blanks

Arbitrator: City used "circular reasoning" to justify turnarounds

Mayor Michael Bloomberg’s testimony before an arbitrator drove one nail into the coffin of the city’s plans to replace or rehire teachers at 24 “turnaround” schools.

Last week an arbitrator determined that the city violated the city’s contracts with the teachers and principals unions when it moved to replace staff members at the schools. This afternoon the arbitrator, Scott Buchheit, released a detailed explanation of why he ruled the way he did.

The city was trying to use hiring procedures set for closing schools and their replacements. But the unions argued that the turnaround plans were “sham closures” that would not result in new schools. Instead, they argued, the city was unfairly using contractual provisions about “excessing” to remove teachers and administrators it deemed unsatisfactory.

In upholding the unions’ grievance, Buchheit at times turns Bloomberg’s and other city officials’ words against them.

He quotes a 2011 memorandum written by the Department of Education’s chief financial officer, which said, “excessing is not a permissible way to deal with unsatisfactory teachers.”

Yet city officials said they intended to do just that from the start of the turnaround process, Buchheit determined.

When he first announced the turnaround plans during his State of the City Address in January, Bloomberg “repeatedly made clear that the DOE’s new plan concerning the 24 (then 33) schools was based upon the desire to change staffing in the classroom,” Buchheit writes. He quotes Bloomberg saying, “Under this process, the best teachers stay; the least effective go.”

The arbitrator notes that Bloomberg has frequently expressed his distaste for the current process for shedding teachers from schools that are contracting, which is based on seniority, not job performance. “Suffice it to say that at the arbitration hearing the Mayor reaffirmed his dislike,” Buchheit writes.

Buchheit emphasized that he was not passing judgment on the value of the city’s plans for the schools, which State Education Commissioner John King approved in late June. And he said nothing in his decision would prevent the city from continuing with portions of the plans that do not involve using the hiring rules that take effect when schools are closed.

Those rules, outlined in a clause in the teachers union contract known as 18D, call for closing schools to set up hiring committees to review current teachers who apply for jobs at the replacement schools. According to 18D, the committees must hire back at least half of them of the qualified applicants from each school. City officials and school administrators began carrying out 18D procedures in the 24 schools last month with the understanding that the arbitrator could ultimately reverse it.

Department of Education officials had said they were confident that King’s approval of the reform plans would prove that the 24 schools were truly being closed. But Buchheit said King’s decision did not necessarily mean the schools were being closed and replaced with new schools. “New,” he said, typically means “never existing before,” which would not be the case for the 24 schools.

“The evidence here establishes that much would remain the same in the 24 new schools,” he wrote, including the schools’ buildings, student populations, courses, partnering organizations, and, for 18 of them, their principals. He also noted that many of the schools’ new names would still contain the old names, such as August Martin High School, which would change to “The School of Opportunities at the August Martin Campus.”

Deputy Chancellor Marc Sternberg also suggested that the school closings were inauthentic, the arbitrator concludes, when he wrote in a memorandum to principals shortly after Bloomberg’s speech explaining that their schools would be closed “as a technical matter.”

For the schools to be truly new, Buchheit says, much would have to change, including their overall educational visions and leadership. Instead, the biggest change the city cited was the planned staffing change — but that change could only happen, he notes, if the schools were new.

“The DOE cannot use the end result of Article 18D being invoked as justification for why it is permitted to invoke 18D,” Buchheit writes. “I cannot adopt this circular reasoning for the purposes of contract interpretation.”

On Monday, Bloomberg said the city would appeal Buchheit’s ruling because the arbitrator had not yet explained his rationale. But after reading the opinion, city attorney Georgia Pestana said the city will not withdraw its appeal, which it filed in State Supreme Court on Monday. “The arbitrator clearly exceeded his authority,” she said.

The city had argued that the unions’ grievances were not arbitrable at all. In his opinion, Buchheit rejects each of the city’s three arguments for why the grievance should not be subject to binding arbitration.

Buchheit’s full decision is below:

Finding a home

Denver school board permanently co-locates charter elementary in middle school building

Students and staffers at Rocky Mountain Prep's first charter school in Denver cheer in 2012. (Photo by The Denver Post)

A Denver elementary charter school that was temporarily granted space in a shuttering district-run middle school building will now be housed there permanently.

The school board voted Thursday to permanently place Rocky Mountain Prep Southwest charter school in the Kepner Middle School building, where it is sharing space this year with three other school programs. Such co-locations can be controversial but have become more common in a district with skyrocketing real estate prices and ambitious school quality goals.

Rocky Mountain Prep Southwest is part of a homegrown charter network that has shown promising academic results. The network also has a school in Aurora and is expected to open a third Denver school next year in the northwest part of the city.

Rocky Mountain Prep Southwest was first placed at Kepner for the 2015-16 school year. The placement was supposed to be temporary. The district had decided the year before to phase out low-performing Kepner and replace it a new district-run middle school, Kepner Beacon, and a new charter middle school, STRIVE Prep Kepner, which is part of a larger network. The district also temporarily placed a third charter school there: Compass Academy.

Compass has since moved out of Kepner but the other four schools remain: Rocky Mountain Prep Southwest, Kepner Beacon, STRIVE Prep Kepner and the Kepner Legacy Middle School, which is on track to be completely phased out and closed by June 2019.

In a written recommendation to the school board, district officials acknowledged that permanently placing Rocky Mountain Prep Southwest at Kepner would create a space crunch.

The Kepner campus has the capacity to serve between 1,100 and 1,500 students, the recommendation says. Once all three schools reach full size, officials expect the schools will enroll a total of approximately 1,250 students. Rocky Mountain Prep Southwest currently serves students in preschool through third grade with a plan to add more grades.

“DPS facilities staff are currently working with all three schools to create a long‐term vision for the campus, including facility improvements that ensure all three schools have what they need to continue to excel,” says the recommendation from Chief Operating Officer David Suppes and Director of Operations and Support Services Liz Mendez.

District staff tried to find an alternate location for Rocky Mountain Prep Southwest but were unsuccessful, the recommendation says. The district does not have many available buildings, and competition for them among district-run and charter schools can be fierce. In northeast Denver, seven secondary schools are currently vying for the use of a shuttered elementary.

Future of Schools

Indianapolis needs tech workers. IPS hopes that George Washington will help fill that gap.

PHOTO: Dylan Peers McCoy

Indiana companies are looking for workers with computer expertise, and Indianapolis Public Schools leaders want their students to fill that gap.

Next year, George Washington High School will launch a specialized information technology academy designed to give students the skills to pursue careers in IT — and the exposure to know what jobs even exist.

“Half of what kids aspire to be is either someone they know does it or they’ve seen it on TV,” said Karen Jung, president of Nextech, a nonprofit that works to increase computer science preparation in K-12 schools. Nextech is partnering with IPS to develop the new IT program at George Washington.

For teens who don’t know anyone working in computer science, meeting role models is essential, Jung said. When teens see women of color or artists working in computer sciences, they realize there are opportunities for people like them.

“Once we put them in front of and inside of workplaces … it clicks,” Jung said. They believe “they would belong.”

The IT program is one of three academies that will open in George Washington next year as part of a broad plan to close nearly half of the district’s high schools and add specialized focus areas at the four remaining campuses. In addition to the IT academy, George Washington will have programs in: advanced manufacturing, engineering, and logistics; and business and finance.

The district is also moving to a model without neighborhood high schools. Students will be expected to choose high schools based on focus area rather than location. This year, many current high schoolers were required to reapply in an effort to make sure they enroll in academies that fit their interests.

The district will host a showcase of schools to help parents and students with their selections. The showcase runs from 10 a.m. to 2 p.m. Saturday at the Indiana State Museum.

Stan Law, principal of Arlington High School now, will take over George Washington next year. (Arlington will close at the end of this year.) He said the new academies offer an opportunity for students to see what they need to master — from soft skills to knowledge — to get good jobs when they graduate.

“I want kids to really make the connection of the purpose of high school,” Law said. “It is that foundation for the rest of your life, in terms of the quality of life that you are going to live.”

PHOTO: Dylan Peers McCoy
Stan Law

When the IT academy launches next year, students who select the program will be able to spend about one to two classes per year focused on information technology, said Ben Carter, who runs career and technical education for IPS.

Carter hopes the academies will reshape George Washington and other IPS campuses by connecting potential careers with the work students do everyday at school. Students who share a focus area will be in a cohort, and they will share many of the same core classes such as English, math and history, said Carter. Teachers, in turn, will be able to relate what students are studying in their history class to projects they are working on in the IT program, for example.

To show students what a career in information technology might look like, students will have the chance to tour, connect with mentors and intern at local companies.

“If I’m in one of these career classes — I’m in software development, but then I get to go to Salesforce and walk through and see the environment, to me as a student, that’s inspiring,” said Carter. “It’s like, ‘oh, this is what I can have.’ ”

He added. “It increases engagement but also gives them a true sense of what the career is.”